Councils, General
ShareCatholic Encyclopedia: Councils, General
This subject will be treated under the following heads:
Definition
Classification
Historical Sketch
The Pope and General Councils
Composition of General Councils
Right of participation
Requisite number of members
Papal headship the formal element of Councils
Factors in the Pope's Co-operation with the Council
Convocation Direction Confirmation
Business Methods
The facts
The theory
Infallibility of General Councils;
Correlation of Papal and Conciliary Infallibility
Infallibility Restricted to Unanimous Findings
Promulgation
Is a Council above the Pope?
Has a General Council Power to Depose a Pope?
I. DEFINITION
Councils are legally convened assemblies of ecclesiastical dignitaries and theological experts for the purpose of discussing and regulating matters of church doctrine and discipline. The terms
A legally convened meeting of members of the hierarchy, for the purpose of carrying out their judicial and doctrinal functions, by means of deliberation in common resulting in regulations and decrees invested with the authority of the whole assembly
All these elements result from an analysis of the fact that councils are a concentration of the ruling powers of the Church for decisive action.
The first condition is that such concentration conform to the constitution of the Church: it must be started by the head of the forces that are to move and to act, eg. by the metropolitan if the action is limited to one province. The actors themselves are necessarily the leaders of the Church in their double capacity of judges and teachers, for the proper object of conciliar activity is the settling of questions of faith and discipline. When they assemble for other purposes, either at regular times or in extraordinary circumstances, in order to deliberate on current questions of administration or on concerted action in emergencies, their meetings are not called councils but simply meetings, or assemblies, of bishops. Deliberation, with free discussion and ventilation of private views, is another essential note in the notion of councils. They are the mind of the Church in action, the
II. CLASSIFICATION
Councils are, then, from their nature, a common effort of the Church, or part of the Church, for self-preservation and self-defence. They appear at her very origin, in the time of the Apostles at Jerusalem, and throughout her whole history whenever faith or morals or discipline are seriously threatened. Although their object is always the same, the circumstances under which they meet impart to them a great variety, which renders a classification necessary. Taking territorial extension for a basis, seven kinds of synods are distinguished.
The second rank is held by the
A peculiar kind of council used to be held at Constantinople, it consisted of bishops from any part of the world who happened to be at the time in that imperial city. Hence the name
Lastly there have been
Although it is in the nature of councils to represent either the whole or part of the Church organism yet we find many councils simply consisting of a number of bishops brought together from different countries for some special purpose, regardless of any territorial or hierarchical connexion. They were most frequent in the fourth century, when the metropolitan and patriarchal circumscriptions were still imperfect, and questions of faith and discipline manifold. Not a few of them, summoned by emperors or bishops in opposition to the lawful authorities (such as that of Antioch in 341), were positively irregular, and acted for evil rather than good. Councils of this kind may be compared to the meetings of bishops of our own times; decrees passed in them had no binding power on any but the subjects of the bishops present, they were important manifestations of the
It should be noted that the terms
III. HISTORICAL SKETCH OF ECUMENICAL COUNCILS
The present article deals chiefly with the theological and canonical questions concerning councils which are Ecumenical in the strict sense above defined. Special articles give the history of each important synod under the head of the city or see where it was held. In order, however, to supply the reader with a basis of fact for the discussion of principles which is to follow, a list is subjoined of the twenty Ecumenical councils with a brief statement of the purpose of each.
(1) The First Ecumenical, or Council of Nicaea (325) lasted two months and twelve days. Three hundred and eighteen bishops were present. Hosius, Bishop of Cordova, assisted as legate of Pope Sylvester. The Emperor Constantine was also present. To this council we owe The Creed (
(2) The Second Ecumenical, or First General Council of Constantinople (381), under Pope Damasus and the Emperor Theodosius I, was attended by 150 bishops. It was directed against the followers of Macedonius, who impugned the Divinity of the Holy Ghost. To the above-mentioned Nicene creed it added the clauses referring to the Holy Ghost (
(3) The Third Ecumenical, or Council of Ephesus (431), of more than 200 bishops, presided over by St. Cyril of Alexandria representing Pope Celestine l, defined the true personal unity of Christ, declared Mary the Mother of God (
(4) The Fourth Ecumenical, or Council of Chalcedon (451) -- 150 bishops under Pope Leo the Great and the Emperor Marcian defined the two natures (Divine and human) in Christ against Eutyches, who was excommunicated.
(5) The Fifth Ecumenical, or Second General Council of Constantinople (553), of 165 bishops under Pope Vigilius and Emperor Justinian I, condemned the errors of Origen and certain writings (The Three Chapters) of Theodoret, of Theodore, Bishop of Mopsuestia and of Ibas, Bishop of Edessa; it further confirmed the first four general councils, especially that of Chalcedon whose authority was contested by some heretics.
(6) The Sixth Ecumenical, or Third Council of Constantinople (680-681), under Pope Agatho and the Emperor Constantine Pogonatus, was attended by the Patriarchs of Constantinople and of Antioch, 174 bishops, and the emperor. It put an end to Monothelism by defining two wills in Christ, the Divine and the human, as two distinct principles of operation. It anathematized Sergius, Pyrrhus, Paul, Macarius, and all their followers.
(7) The Seventh Ecumenical, or Second Council of Nicaea (787) was convoked by Emperor Constantine VI and his mother Irene, under Pope Adrian I, and was presided over by the legates of Pope Adrian; it regulated the veneration of holy images. Between 300 and 367 bishops assisted.
(8) The Eighth Ecumenical, or Fourth Council of Constantinople (869), under Pope Adrian II and Emperor Basil numbering 102 bishops, 3 papal legates, and 4 patriarchs, consigned to the flames the Acts of an irregular council (
(9) The ninth Ecumenical Council (1123) was the first held in the Lateran at Rome under Pope Callistus II. About 900 bishops and abbots assisted. It abolished the right claimed by lay princes, of investiture with ring and crosier to ecclesiastical benefices and dealt with church discipline and the recovery of the Holy Land from the infidels.
(10) The Tenth Ecumenical Council (1139) was the Second Lateran held at Rome under Pope Innocent II with an attendance of about 1000 prelates and the Emperor Conrad. Its object was to put an end to the errors of Arnold of Brescia.
(11) The Eleventh Ecumenical Council (1179) was the third assembled at the Lateran, and took place under Pope Alexander III, Frederick I being emperor. There were 302 bishops present. It condemned the Albigenses and Waldenses and issued numerous decrees for the reformation of morals.
(12) The Twelfth Ecumenical Synod (1215) was the Fourth Lateran, under Innocent III. There were present the Patriarchs of Constantinople and Jerusalem, 71 archbishops, 412 bishops, and 800 abbots the Primate of the Maronites, and St. Dominic. It issued an enlarged creed (symbol) against the Albigenses (Firmiter credimus), condemned the Trinitarian errors of Abbot Joachim, and published 70 important reformatory decrees. This is the most important council of the Middle Ages, it marks the culminating point of ecclesiastical life and papal power.
(13) The First General Council of Lyons (1245) is the Thirteenth Ecumenical. Innocent IV presided the Patriarchs of Constantinople, Antioch, and Aquileia (Venice), 140 bishops, Baldwin II, Emperor of the East, and St. Louis, King of France, assisted. It excommunicated and deposed Emperor Frederick II and directed a new crusade, under the command of St. Louis, against the Saracens and Mongols.
(14) The Fourteenth Ecumenical Council was held at Lyons (1274) by Pope Gregory X, the Patriarchs of Antioch and Constantinople, 15 cardinals, 500 bishops, and more than 1000 other dignitaries. It effected a temporary reunion of the Greek Church with Rome. The word
(15) The Fifteenth (Ecumenical Council took place at Vienne in France (1311-1313) by order of Clement V, the first of the Avignon popes. The Patriarchs of Antioch and Alexandria, 300 bishops (114 according to some authorities), and 3 kings -- Philip IV of France, Edward II of England, and James II of Aragon -- were present. The synod dealt with the crimes and errors imputed to the Knights Templars, the Fraticelli, the Beghards, and the Beguines, with projects of a new crusade, the reformation of the clergy, and the teaching of Oriental languages in the universities.
(16) The Council of Constance (1414-1418), the Sixteenth Ecumenical, was held during the great Schism of the West, with the object of ending the divisions in the Church. It only became legitimate when Gregory XI had formally convoked it. Owing to this circumstance it succeeded in putting an end to the schism by the election of Pope Martin V, which the Council of Pisa (1403) had failed to accomplish on account of its illegality. The rightful pope confirmed the former decrees of the synod against Wyclif and Hus. This council is thus only ecumenical in its last sessions (XLII-XLV inclusive) and with respect to the decrees of earlier sessions approved by Martin V.
(17) The Seventeenth Ecumenical Council met at Basle (1431), Eugene IV being pope, and Sigismund Emperor of the Holy Roman Empire. Its object was the religious pacification of Bohemia. Quarrels with the pope having arisen, the council was transferred first to Ferrara (1438), then to Florence (1439), where a short-lived union with the Greek Church was effected, the Greeks accepting the council's definition of controverted points. The Council of Basle is only ecumenical till the end of the twenty-fifth session, and of its decrees Eugene IV approved only such as dealt with the extirpation of heresy, the peace of Christendom, and the reform of the Church, and which at the same time did not derogate from the rights of the Holy See.
(18) The Eighteenth Ecumenical, or Fifth Council of the Lateran, sat from 1512 to 1517 under Popes Julius II and Leo X, the emperor being Maximilian I. Fifteen cardinals and about eighty archbishops and bishops took part in it. Its decrees are chiefly disciplinary. A new crusade against the Turks was also planned, but came to naught, owing to the religious upheaval in Germany caused by Luther.
(19) The Council of Trent, the Nineteenth Ecumenical, lasted eighteen years (1545-1563) under five popes: Paul III, Julius III, Marcellus II, Paul IV and Pius IV, and under the Emperors Charles V and Ferdinand. There were present 5 cardinal legates of the Holy See, 3 patriarchs, 33 archbishops, 235 bishops, 7 abbots, 7 generals of monastic orders, 160 doctors of divinity. It was convoked to examine and condemn the errors promulgated by Luther and other Reformers, and to reform the discipline of the Church. Of all councils it lasted longest, issued the largest number of dogmatic and reformatory decrees, and produced the most beneficial results.
(20) The Twentieth Ecumenical Council was summoned to the Vatican by Pius IX. It met 8 December, 1869, and lasted till 18 July, 1870, when it was adjourned; it is still (1908) unfinished. There were present 6 archbishop-princes, 49 cardinals, 11 patriarchs, 680 archbishops and bishops, 28 abbots, 29 generals of orders, in all 803. Besides important canons relating to the Faith and the constitution of the Church, the council decreed the infallibility of the pope when speaking ex cathedra, i.e. when as shepherd and teacher of all Christians, he defines a doctrine concerning faith or morals to be held by the whole Church.
IV. THE POPE AND GENERAL COUNCILS
The relations between the pope and general councils must be exactly defined to arrive at a just conception of the functions of councils in the Church, of their rights and duties, and of their authority. The traditional phrase, " the council represents the Church ", associated with the modern notion of representative assemblies, is apt to lead to a serious misconception of the bishops' function in general synods. The nation's deputies receive their power from their electors and are bound to protect and promote their electors' interests; in the modern democratic State they are directly created by, and out of, the people's own power. The bishops in council, on the contrary, hold no power, no commission, or delegation, from the people. All their powers, orders, jurisdiction, and membership in the council, come to them from above -- directly from the pope, ultimately from God. What the episcopate in council does represent is the Divinely instituted
The council is, then, the assessor of the supreme teacher and judge sitting on the Chair of Peter by Divine appointment; its operation is essentially co-operation -- the common action of the members with their head -- and therefore necessarily rises or falls in value, according to the measure of its connexion with the pope. A council in opposition to the pope is not representative of the whole Church, for it neither represents the pope who opposes it, nor the absent bishops, who cannot act beyond the limits of their dioceses except through the pope. A council not only acting independently of the Vicar of Christ, but sitting in judgment over him, is unthinkable in the constitution of the Church; in fact, such assemblies have only taken place in times of great constitutional disturbances, when either there was no pope or the rightful pope was indistinguishable from antipopes. In such abnormal times the safety of the Church becomes the supreme law, and the first duty of the abandoned flock is to find a new shepherd, under whose direction the existing evils may be remedied.
In normal times, when according to the Divine constitution of the Church, the pope rules in the fullness of his power, the function of councils is to support and strengthen his rule on occasions of extraordinary difficulties arising from heresies schisms, relaxed discipline, or external foes. General councils have no part in the ordinary normal government of the Church. This principle is confirmed by the fact that during nineteen centuries of Church life only twenty Ecumenical councils took place. It is further illustrated by the complete failure of the decree issued in the thirty-ninth session of the Council of Constance (then without a rightful head) to the effect that general councils should meet frequently and at regular intervals, the very first synod summoned at Pavia for the year 1423 could not be held for want of responses to the summons. It is thus evident that general councils are not qualified to issue independently of the pope, dogmatic or disciplinary canons binding on the whole Church. As a matter of fact, the older councils, especially those of Ephesus (431) and Chalcedon (451), were not convened to decide on questions of faith still open, but to give additional weight to, and secure the execution of, papal decisions previously issued and regarded as fully authoritative. The other consequence of the same principle is that the bishops in council assembled are not commissioned, as are our modern parliaments, to control and limit the power of the sovereign, or head of the State, although circumstances may arise in which it would be, their right and duty firmly to expostulate with the pope on certain of his acts or measures. The severe strictures of the Sixth General Council on Pope Honorius I may be cited as a case in point.
V. COMPOSITION OF GENERAL COUNCILS
(a) Right of participation
The right to be present and to act at general councils belongs in the first place and logically to the bishops actually exercising the episcopal office. In the earlier councils there appear also the chorepiscopi (country-bishops), who, according to the better opinion, were neither true bishops nor an order interposed between bishops and priests, but priests invested with a jurisdiction smaller than the episcopal but larger than the sacerdotal. They were ordained by the bishop and charged with the administration of a certain district in his diocese. They had the power of conferring minor orders, and even the subdiaconate. Titular bishops, i.e. bishops not ruling a diocese, had equal rights with other bishops at the Vatican Council (1869-70), where 117 of them were present. Their claim lies in the fact that their order, the episcopal consecration, entitles them,
This laudable and legitimate co-operation led by degrees to interference with the pope's rights in conciliar matters. The Eastern Emperor Michael claimed the right to summon councils without obtaining the pope's consent, and to take part in them personally or by proxy. But Pope Nicholas I resisted the pretensions of Emperor Michael, pointing out to him, in a letter (865), that his imperial predecessors had only been present at general synods dealing with matters of faith, and from that fact drew the conclusion that all other synods should be held without the emperor's or his commissaries' presence. A few years later the Eighth General Synod (Can. xvii, Hefele, IV, 421) declared it false that no synod could be held without the emperor's presence the emperors had only been present at general councils -- and that it was not right for secular princes to witness the condemnation of ecclesiastics (at provincial synods). As early as the fourth century the bishops greatly complained of the action of Constantine the Great in imposing his commissary on the Synod of Tyre (335). In the West, however, secular princes were present even at national synods, e.g. Sisenand, King of the Spanish Visigoths, was at the Fourth Council of Toledo (636) and King Chintilian at the fifth (638); Charlemagne assisted at the Council of Frankfort (794) and two Anglo Saxon kings at the Synod of Whitby (
(b) Requisite number of members
The number of bishops present required to constitute an Ecumenical council cannot be strictly defined, nor need it be so deigned, for ecumenicity chiefly depends on co-operation with the head of the Church, and only secondarily on the number of co-operators. It is physically impossible to bring together all the bishops of the world, nor is there any standard by which to determine even an approximate number, or proportion, of prelates necessary to secure ecumenicity. All should be invited, no one should be debarred, a somewhat considerable number of representatives of the several provinces and countries should be actually present; this may be laid down as a practicable theory. But the ancient Church did not conform to this theory. As a rule only the patriarchs and metropolitans received a direct summons to- appear with a certain number of their suffragans. At Ephesus and Chalcedon the time between the convocation and the meeting of the council was too short to allow of the Western bishops being invited. As a rule, but very few Western bishops were personally present at any of the first eight general synods. Occasionally, e.g. at the sixth, their absence was remedied by sending deputies with precise instructions arrived at in a previous council held in the West. What gives those Eastern synods their Ecumenical character is the co-operation of the pope as head of the universal, and, especially, of the Western, Church. This circumstance, so remarkably prominent in the Councils of Ephesus and Chalcedon, affords the best proof that, in the sense of the Church, the essential constituent element of ecumenicity is less the proportion of bishops present to bishops absent than the organic connexion of the council with the head of the Church.
(c) Papal headship the formal element of councils It is the action of the pope that makes the councils ecumenic. That action is the exercise of his office of supreme teacher and ruler of the Church. Its necessity results from the fact that no authority is commensurate with the whole Church except that of the pope; he alone can bind all the faithful. Its sufficiency is equally manifest: when the pope has spoken ex cathedra to make his own the decisions of any council, regardless of the number of its members nothing further can be wanted to make them binding on the whole Church. The earliest enunciation of the principle is found in the letter of the Council of Sardica (313) to Pope Julius I, and was often quoted, since the beginning of the fifth century, as the (Nicaean) canon concerning the necessity of papal co-operation in all the more important conciliary Acts. The Church historian Socrates (Hist. Eccl., II, xvii) makes Pope Julius say, in reference to the Council of Antioch (341), that the law of the Church (
Papal co-operation may be of several degrees: to be effective in stamping a council as universal it must amount to taking over responsibility for its decisions by giving them formal confirmation. The Synod of Constantinople (381) in which the Nicene Creed received its present form -- the one used at Mass -- had in itself no claim to be Ecumenical. Before Pope Damasus and the Western bishops had seen its full Acts they condemned certain of its proceedings at an Italian synod, but on receiving the Acts, Damasus, so we are told by Photius, confirmed them. Photius, however, is only right with regard to the Creed, or Symbol of Faith: the canons of this council were still rejected by Leo the Great and even by Gregory the Great (about 600). A proof that the Creed of Constantinople enjoyed papal sanction may be drawn from the way in which the Roman legates at the Fourth General Synod (Chalcedon, 451) allowed, without any protest, appeals to this Creed, while at the same time they energetically protested against the canons of the council. It was on account of the papal approbation of the Creed that, in the sixth century, Popes Vigilius, Pelagius II, and Gregory the Great declared this council Ecumenical, although Gregory still refused to sanction its canons. The First Synod of Constantinople presents, then, an instance of a minimum of papal co-operation impressing on a particular council the mark of universality. The normal co-operation, however, requires on the part of the head of the Church more than a
The pope's office and the council's function in the organization of the Church require that the pope should call the council together, preside over and direct its labours, and finally promulgate its decrees to the universal Church as expressing the mind of the whole teaching body guided by the Holy Ghost. Instances of such normal, natural, perfect co-operation occur in the five Lateran councils, which were presided over by the pope in person; the personal presence of the highest authority in the Church, his direction of the deliberations, and approbation of the decrees, stamp the conciliary proceedings throughout as the function of the
VI. Factors in the pope's co-operation with the council
We have seen that no council is Ecumenical unless the pope has made it his own by co-operation, which admits of a minimum and a maximum consequently of various degrees of perfection. Catholic writers could have saved themselves much trouble if they had always based their apologetics on the simple and evident principle of a sufficient minimum of papal co- operation, instead of endeavouring to prove, at all costs, that a maximum is both required in principle and demonstrable in history. The three factors constituting the solidarity of pope and council are the convocation, direction, and confirmation of the council by the pope- but it is not essential that each and all of these factors should always be present in full perfection.
(a) Convocation The juridical convocation of a council implies something more than an invitation addressed to all the bishops of the world to meet in council, viz.: the act by which in law the bishops are bound to take part in the council, and the council itself is constituted a legitimate tribunal for dealing with Church affairs. Logically, and in the nature of the thing, the right of convocation belongs to the pope alone. Yet the convocation, in the loose sense of invitation to meet, of the first eight general synods, was regularly issued by the Christian emperors, whose dominion was coextensive with the Church, or at least with the Eastern part of it, which was then alone convened. The imperial letters of convocation to the Councils of Ephesus (Hardouin, I, 1343) and of Chalcedon (Hardouin, II, 42) show that the emperors acted as protectors of the Church, believing it their duty to further by every means in their power the welfare of their charge. Nor is it possible in every case to prove that they acted at the formal instigation of the pope; it even seems that the emperors more than once followed none but their own initiative for convening the council and fixing its place of meeting. It is, however. evident that the Christian emperors cannot have acted thus without the consent, actual or presumed of the pope. Otherwise their conduct had been neither lawful nor wise. As a matter of fact, none of the eight Eastern Ecumenical synods, with the exception, perhaps, of the fifth, was summoned by the emperor in opposition to the pope. As regards the fifth, the conduct of the emperor caused the legality of the council to be questioned -- a proof that the mind of the Church required the pope's consent for the lawfulness of councils. As regards most of these eight synods, particularly that of Ephesus, the previous consent of the pope, actual or presumed, is manifest. Regarding the convocation of the Council of Chalcedon, the Emperor Marcian did not quite fall in with the wishes of Pope Leo I as to the time and place of its meeting, but he did not claim an absolute right to have his will, nor did the pope acknowledge such a right. On the contrary, as Leo I explains in his letters (Epp. lxxxix, xc, ed. Ballerini), he only submitted to the imperial arrangements because he was unwilling to interfere with Marcian's well-meant endeavours.
It is still more evident that convocation by the emperors did not imply on their part the claim to constitute the council juridically, that is, to give it power to sit as an authorized tribunal for Church affairs. Such a claim has never been put forward. The expressions
After studying the principles it is well to see how they worked out in fact. Hence the following historical summary of the convocation of the first eight general councils:
(1) Eusebius (Vita Constantini, III, vi) informs us that the writs of convocation to the First General Synod were issued by Emperor Constantine, but as not one of those writs has come down to us, it remains doubtful whether or not they mentioned any previous consultation with the pope. It is, however, an undeniable fact that the Sixth General Synod (680) plainly affirmed that the Council of Nicaea had been convened by the emperor and Pope Sylvester (Mansi, Coll. Conc., XI, 661). The same statement appears in the life of Sylvester found in the "Liber Pontificalis", but this evidence need not be pressed, the evidence from the council being, from the circumstances in which it was given, of sufficient strength to carry the point. For the Sixth General Council took place in Constantinople, at a time when the bishops of the imperial city already attempted to rival the bishops of Old Rome, and the vast majority of its members were Greeks; their statement is therefore entirely free from the suspicion of Western ambition or prejudice and must be accepted as a true presentment of fact. Rufinus, in his continuation of Eusebius' history (I, 1) says that the emperor summoned the synod
(2) The Second General Synod (381) was not, at first, intended to be Ecumenical; it only became so because it was accepted in the West, as has been shown above. It was not summoned by Pope Damasus as is often contended, for the assertion that the assembled bishops professed to have met in consequence of a letter of the pope to Theodosius the Great is based on a confusion. The document here brought in as evidence refers to the synod of the following year which was indeed summoned at the instigation of the pope and the Synod of Aquileia, but was not an Ecumenical synod.
(3) The Third General Council (Ephesus, 431) was convoked by Emperor Theodosius II and his Western colleague Valentinian III- this is evident from the Acts of the council. It is equally evident that Pope Celestine I gave his consent, for he wrote (15 May, 431) to Theodosius that he could not appear in person at the synod, but that he would send his representatives. And in his epistle of 8 May to the synod itself, he insists on the duty of the bishops present to hold fast to the orthodox faith, expects them to accede to the sentence he has already pronounced on Nestorius, and adds that he has sent his legates to execute that sentence at Ephesus. The members of the council acknowledge the papal directions and orders, not only the papal consent, in the wording of their solemn condemnation of Nestorius: "Urged by the Canons and conforming to the Letter of our most holy Father and fellow servant Celestine the Roman bishop, we have framed this sorrowful sentence against Nestorius." They express the same sentiment where they say that "the epistle of the Apostolic See (to Cyril, communicated to the council) already contains a judgment and a rule
(4) How the Fourth General Synod (Chalcedon, 451) was brought together is set forth in several writings of Pope Leo I and Emperors Theodosius II and Marcian. Immediately after the Robber Synod, Leo asked Theodosius to prepare a council composed of bishops from all parts of the world, to meet, preferably, in Italy. He repeated the same request, first made 13 October, 449, on the following feast of Christmas, and prevailed on the Western Emperor Valentinian III together with his empress and his mother, to support it at the Byzantine Court. Once more (in July, 450) Leo renewed his request, adding, however that the council might be dispensed with if all the bishops were to make a profession of the orthodox faith without being united in council. About this time Theodosius II died and was succeeded by his sister, St. Pulcheria, and her husband Marcian. Both at once informed the pope of their willingness to summon the council, Marcian specially asking him to state in writing whether he could assist at the synod in person or through his legates, so that the necessary writs of convocation might be issued to the Eastern bishops. By that time, however, the situation had greatly improved in the Eastern Church- nearly all the bishops who had taken part in the Robber Synod had now repented of their aberration and signed, in union with their orthodox colleagues, the "Epistola dogmatica" of Leo to Flavian, by this act rendering the need of a council less urgent. Besides, the Huns were just then invading the West, preventing many Latin bishops, whose presence at the council was most desirable, from leaving their flocks to undertake the long journey to Chalcedon. Other motives induced the pope to postpone the synod, e.g. the fear that it might be made the occasion by the bishops of Constantinople to improve their hierarchical position, a fear well justified by subsequent events. But Marcian had already summoned the synod, and Leo therefore gave his instructions as to the business to be transacted. He was then entitled to say, in a letter to the bishops who had been at the council that the synod had been brought together "ex praecepto christianorum principum et ex consensu apostolicae sedis" (by order of the Christian princes and with the consent of the Apostolic See). The emperor himself wrote to Leo that the synod had been held by his authority (
(5) The Fifth General Synod was planned by Justinian I with the consent of Pope Vigilius (q. v.), but on account of the emperor's dogmatic pretensions, quarrels arose and the pope refused to be present, although repeatedly invited. His Constitutum of 14 May 553, to the effect that he could not consent to anathematize Theodore of Mopsuestia and Theodoret, led to open opposition between pope and council. In the end all was righted by Vigilius approving the synodal decrees.
(6, 7, 8) These three synods were each and all called by the emperors of the time with the consent and assistance of the Apostolic See. (See CONSTANTINOPLE, COUNCILS OF; NICAEA, COUNCILS OF.)
(b) DIRECTION The direction or presidency of councils belongs to the pope by the same right as their convocation and constitution. Were a council directed in its deliberations and acts by anyone independent of the pope and acting entirely on his own responsibility, such a council could not be the pope's own in any sense: the defect could only be made good by a consequent formal act of the pope accepting responsibility for its decisions. In point of fact, papal legates presided over all the Eastern councils, which from their beginning were legally constituted. The reader will obtain a clearer insight into this point of conciliar proceedings from a concrete example, taken from Hefele's introduction to his " History of the Councils ":-
Pope Adrian II sent his legates to the Eighth (Ecumenical Synod (787) with an express declaration to the Emperor Basil that they were to act as presidents of the council. The legates, Bishop Donatus of Ostia, Bishop Stephen of Nepesina, and the deacon Marinus of Rome, read the papal rescript to the synod. Not the slightest objection was raised. Their names took precedence in all protocols; they determined the duration of the several sessions, gave leave to make speeches and to read documents and to admit other persons, they put the leading questions, etc. In short, their presidency in the first five sessions cannot be disputed. But at the sixth session Emperor Basil was present with his two sons, Constantine and Leo, and, as the Acts relate, received the presidency. These same Acts, however, at once clearly distinguish the emperor and his sons from the synod when, after naming them they continue:
The imperial commissaries present at the synod acted even less as presidents than the emperor himself. They signed the reports of the several sessions only after the representatives of the patriarchs though before the bishops; their names are absent from the signatures of the Acts. On the other hand it may be contended that the Eastern patriarchs Ignatius of Constantinople, and the representatives of the other Eastern patriarchs, in some degree participated in the presidency: their names are constantly associated with those of the Roman legates and clearly distinguished from those of the other metropolitans and bishops. They, as it were, form with the papal legates a board of directors, fix with him the order of proceedings, determine who shall be heard, subscribe, like the legates, before the emperor and are entered in the reports of the several sessions before the imperial commissaries. All this being granted, the fact still remains that the papal legates unmistakably hold the first place, for they are always named first and sign first, and -- a detail of great importance -- for the final subscription they use the formula:
Hefele gives similar documentary accounts of the first eight general synods, showing that papal legates always presided over them when occupied in their proper business of deciding questions on faith and discipline. The exclusive right of the pope in this matter was generally acknowledged. Thus, the Emperor Theodosius II says, in his edict addressed to the Council of Ephesus, that he had sent Count Candidian to represent him, but that this imperial commissary was to take no part in dogmatic disputes since "it was unlawful for one who is not enrolled in the lists of the most holy bishops to mingle in ecclesiastical inquiries ". The Council of Chalcedon acknowledged that Pope Leo, by his legates, presided over it as "the head over the members". At Nicaea, Hosius, Vitus and Vincentius, as papal legates, signed before all other members of the council. The right of presiding and directing implies that the pope, if he chooses to make a full use of his powers, can determine the subject matter to be dealt with by the council, prescribe rules for conducting the debates, and generally order the whole business as seems best to him. Hence no conciliar decree is legitimate if carried under protest -- or even without the positive consent -- of the pope or his legates. The consent of the legates alone, acting without a special order from the pope, is not sufficient to make conciliar decrees at once perfect and operative; what is necessary is the pope's own consent. For this reason no decree can become legitimate and null in law on account of pressure brought to bear on the assembly by the presiding pope, or by papal legates acting on his orders. Such pressure and restriction of liberty, proceeding from the internal, natural principle of order through the use of lawful power, does not amount to external, unnatural coercion, and, therefore, does not invalidate the Acts due to its exercise.
Examples of councils working at high pressure, if the expression may be used, without spoiling their output, are of frequent occurrence. Most of the early councils were convened to execute decisions already finally fixed by the pope, no choice being left the assembled Fathers to arrive at another decision. They were forced to conform their judgment to that of Rome, with or without discussion. Should papal pressure go beyond the limits of the council's dignity and of the importance of the matters under discussion the effect would be, not the invalidation of the council's decrees, but the paralysing of its moral influence and practical usefulness. On the other hand, the fact that a synod is, or has been, acting under the leadership of its Divinely appointed head, is the best guarantee of its freedom from unnatural disturbances, such as intrigues from below or coercion from above. In the same way violent interference with the papal leadership is the grossest attack on the council's natural freedom. Thus the Robber Synod of Ephesus (449), though intended to be general and at first duly authorized by the presence of papal legates, was declared invalid and null by those same legates at Chalcedon 451), because the prejudiced Emperor Theodosius II had removed the representatives of the pope, and entrusted the direction of the council to Dioscurus of Alexandria.
(c) Confirmation Confirmation of the conciliar decrees is the third factor in the pope's necessary co-operation with the council. The council does not represent the teaching Church till the visible head of the Church has given his approval, for, unapproved, it is but a headless, soulless, impersonal body, unable to give its decisions the binding force of laws for the whole Church, or the finality of judicial sentences With the papal approval, on the contrary, the council's pronouncements represent the fullest effort of the teaching and ruling Church, a
Councils over which the pope presides in person require no further formal confirmation on his part, for their decisions formally include his own as the body includes the soul. The Vatican Council of 1869-70 offers an example in point.
Councils over which the pope presides through his legates are not identified with himself in the same degree as the former. They constitute separate, dependent, representative tribunals, whose findings only become final through ratification by the authority for which they act. Such is the theory. In practice, however, the papal confirmation is, or may be, presumed in the following cases:
- When the council is convened for the express purpose of carrying out a papal decision previously arrived at, as was the case with most of the early synods; or when the legates give their consent in virtue of a special public instruction emanating from the pope; in these circumstances the papal ratification pre-exists, is implied in the conciliar decision, and need not be formally renewed after the council. It may, however, be superadded
The necessary consent of the Apostolic See may also be presumed when, as generally at the Council of Trent, the legates have personal instructions from the pope on each particular question coming up for decision, and act conformably, i.e. if they allow no decision to be taken unless the pope's consent has previously been obtained.
Supposing a council actually composed of the greater part of the episcopate, concurring freely in a unanimous decision and thus bearing unexceptional witness to the mind and sense of the whole Church: The pope, whose office it is to voice infallibly the mind of the Church, would be obliged by the very nature of his office, to adopt the council's decision, and consequently his confirmation, ratification, or approbation could be presumed, and a formal expression of it dispensed with. But even then his approbation, presumed or expressed, is juridically the constituent factor of the decision's perfection.
The express ratification in due form is at all times, when not absolutely necessary, at least desirable and useful in many respects: It gives the conciliar proceedings their natural and lawful complement, the keystone which closes and crowns the arch for strength and beauty; it brings to the front the majesty and significance of the supreme head of the Church.
Presumed consent can but rarely apply with the same efficacy to each and all of the decisions of an important council. A solemn papal ratification puts them all on the same level and removes all possible doubt.
Lastly the papal ratification formally promulgates the sentence of the council as an article of faith to be known and accepted by all the faithful; it brings to light and public view the intrinsic ecumenicity of the council- it is the natural, official, indisputable criterion, or test, of the perfect legality of the conciliar transactions or conclusions. If we bear in mind the numerous disturbing elements at work in and around an Ecumenical council, the conflicting religious, political, scientific, and personal interests contending for supremacy, or at least eager to secure some advantage, we can easily realize the necessity of a papal ratification to crush the endless chicanery which otherwise would endanger the success and efficacy of the highest tribunal of the Church. Even they who refuse to see in the papal confirmation an authentic testimony and sentence, declaring infallibly the ecumenicity of the council and its decrees to be a dogmatic fact, must admit that it is a sanative act and supplies possible defects and shortcomings; the Ecumenical authority of the pope is sufficient to impart validity and infallibility to the decrees he makes his own by officially ratifying them. This was done by Pope Vigilius for the Fifth General Synod. Sufficient proof for the sanatory efficacy of the papal ratification lies in the absolute sovereignty of the pope and in the infallibility of his ex-cathedra pronouncements. Should it be argued, however, that the sentence of an Ecumenical council is the only absolute, final, and infallible sentence even then, and then more than ever, the papal ratification would be necessary. For in the transactions of an Ecumenical council the pope plays the principal part, and if any deficiency in his action, especially in the exercise of his own special prerogatives, were apparent, the labours of the council would be in vain. The faithful hesitate to accept as infallible guides of their faith documents not authenticated by the seal of the fisherman, or the Apostolic See, which now wields the authority of St. Peter and of Christ. Leo II beautifully expresses these ideas in his ratification of the Sixth General Council: "Because this great and universal synod has most fully proclaimed the definition of the right faith, which the Apostolic See of St. Peter the Apostle, whose office we, though unequal to it, are holding, also reverently receives: therefore we also, and through our office this Apostolic See, consent to, and confirm, by the authority of Blessed Peter, those things which have been defined, as being finally set by he Lord Himself on the solid rock which is Christ. "
No event in the history of the Church better illustrates the necessity and the importance of papal co-operation and, in particular, confirmation, than the controversies which in the sixth century raged about the Three Chapters. The Three Chapters were the condemnation (1) of Theodore of Mopsuestia, his person, and his writings; (2) of Theodoret's writings against Cyril and the Council of Ephesus; (3) of a letter from Ibas to Maris the Persian, also against Cyril and the council. Theodore anticipated the heresy of Nestorius; Ibas and Theodoret were indeed restored at Chalcedon, but only after they had given orthodox explanations and shown that they were free from Nestorianism. The two points in debate were: (1) Did the Council of Chalcedon acknowledge the orthodoxy of the said Three Chapters? (2) How, i.e. by what test, is the point to be settled? Now the two contending parties agreed in the principle of the test: the approbation of the council stands or falls with the approbation of the pope's legates and of Pope Leo I himself. Defenders of the Chapters, e.g. Ferrandus the Deacon and Facundus of Hermiane, put forward as their chief argument (
The bishops of the council, assembled at Constantinople in 533 for the purpose of putting an end to the Three Chapters controversy, addressed to Pope Vigilius two Confessions, the first with the Patriarch Mennas, the second with his successor Eutychius, in which, to establish their orthodoxy, they profess that they firmly hold to the four general synods as approved by the Apostolic See and by the popes. Thus we read in the
VII. BUSINESS METHODS
The way in which councils transact business now demands our attention. Here as in most things, there is an ideal which is never completely realized in practice.
(a) The facts It has been sufficiently shown in the foregoing section that the pope, either in person or by deputy, directed the transaction of conciliar business. But when we look for a fixed order or set of rules regulating the proceedings we have to come down to the Vatican Council to find an official
The distinction between general and particular congregations likewise dates from Constance, where, however, the particular congregations assumed a form different in spirit and composition from the practice of earlier and later councils. They were simply separate assemblies of the " nations " (first four, then five) present at the council; their deliberations went to form national votes which were presented in the general assembly, whose decisions conformed to a majority of such votes. The particular congregations of more recent councils were merely consultative assemblies (committees commissions) brought together by appointment or invitation in order to deliberate on special matters. At Trent there were congregations of prelates and congregations of theologians, both partly for dogma, partly for discipline. The congregations of prelates were either "deputations", i.e. committees of specially chosen experts, or conciliary groups, usually three into which the council divided for the purpose of facilitating discussion.
The official
All these deputations, except the first, were chosen by the council. Objections and amendments to the proposed
(b) The theory The principle which directs the practical working of a council is the perfect, or best possible, realization of its object, viz. a final judgment on questions of faith and morals, invested with the authority and majesty of the whole teaching body of the Church. To this end some means are absolutely necessary, others are only desirable as adding perfection to the result. We deal first with these latter means, which may be called the ideal elements of the council:
The presence of all the bishops of the world is an ideal not to be realized, but the presence of a very great majority is desirable for many reasons. A quasi-complete council has the advantage of being a real representation of the whole Church, while a sparsely attended one is only so in law, i.e. the few members present legally represent the many absent, but only represent their juridical power, their ordinary power not being representable. Thus for every bishop absent there is absent an authentic witness of the Faith as it is in his diocese.
A free and exhaustive discussion of all objections.
An appeal to the universal belief -- if existing -- witnessed to by all the bishops in council. This, if realized, would render all further discussion superfluous.
Unanimity in the final vote, the result either of the universal faith as testified to by the Fathers, or of conviction gained in the debates. It is evident that these four elements in the working of a council generally contribute to its ideal perfection, but it is not less evident that they are not essential to its substance, to its conciliary effectiveness. If they were necessary many acknowledged councils and decrees would lose their intrinsic authority, because one or other or all of these conditions were wanting. Again, there is no standard by which to determine whether or not the number of assisting bishops was sufficient and the debates have been exhaustive- nor do the Acts of the councils always inform us of the unanimity of the final decisions or of the way in which it was obtained. Were each and all of these four elements essential to an authoritative council no such council could have been held, in many cases, when it was none the less urgently required by the necessities of the Church. Authors who insist on the ideal perfection of councils only succeed in undermining their authority, which is, perhaps, the object they aim at. Their fundamental error is a false notion of the nature of councils. They conceive of the function of the council as a witnessing to, and teaching of, the generally accepted faith- whereas it is essentially a juridical function, the action of judges as well as of witnesses of the Faith. This leads us to consider the essential elements in conciliar action.
From the notion that the council is a court of judges the following inferences may be drawn:
The bishops, in giving their judgment, are directed only by their personal conviction of its rectitude; no previous consent of all the faithful or of the whole episcopate is required. In unity with their head they are one solid college of judges authoritatively constituted for united, decisive action -- a body entirely different from a body of simple witnesses.
This being admitted, the assembled college assumes a representation of their colleagues who were called but failed to take their seats, provided the number of those actually present is not altogether inadequate for the matter in hand. Hence their resolutions are rightly said to rest on universal consent:
Further, on the same supposition, the college of judges is subject to the rule obtaining in all assemblies constituted for framing a judicial sentence or a common resolution, due regard being paid to the special relations, in the present instance, between the head and the members of the college: the co-operative verdict embodies the opinion of the majority, including the head, and in law stands for the verdict of the whole assembly, it is
To gain an adequate conception of the council at work it should be viewed under its twofold aspect of judging and witnessing. In relation to the faithful the conciliar assembly is primarily a judge who pronounces a verdict conjointly with the pope, and, at the same time, acts more or less as witness in the case. Its position is similar to that of St. Paul towards the first Christians:
VIII. INFALLIBILITY OF GENERAL COUNCILS
All the arguments which go to prove the infallibility of the Church apply with their fullest force to the infallible authority of general councils in union with the pope. For conciliary decisions are the ripe fruit of the total life-energy of the teaching Church actuated and directed by the Holy Ghost. Such was the mind of the Apostles when, at the Council of Jerusalem (Acts, xv, 28), they put the seal of supreme authority on their decisions in attributing them to the joint action of the Spirit of God and of themselves:
IX. PAPAL AND CONCILIAR INFALLIBILITY
Papal and conciliar infallibility are correlated but not identical. A council's decrees approved by the pope are infallible by reason of that approbation, because the pope is infallible also
Some important consequences flow from these principles. Conciliar decrees approved by the pope have a double guarantee of infallibility: their own and that of the infallible pope. The council's dignity is, therefore, not diminished, but increased, by the definition of papal infallibility, nor does that definition imply a " circular demonstration " by which the council would make the pope infallible and the pope would render the same service to the council. It should however, be borne in mind that the council without the pope has no guarantee of infallibility, therefore the conciliar and the papal infallibilities are not two separate and addible units, but one unit with single or double excellence. An infallible statement of Divine truth is the voice of Christ speaking through the mouth of the visible head of His mystical body or in unison, in chorus, with all its members. The united voice of the whole Church has a solemnity, impressiveness, and effectiveness, an external, circumstantial weight, which is wanting in simple ex-cathedra pronouncements. It works its way into the minds and hearts of the faithful with almost irresistible force, because in the universal harmony each individual believer hears his own voice, is carried away by the powerful rhythm, and moved as by a Divine spell to follow the leaders. Again, the bishops who have personally contributed to the definitions have, in that fact, an incentive to zeal in publishing them and enforcing them in their dioceses; nay the council itself is an effective beginning of its execution or enforcement in practice. For this reason alone, the holding of most Eastern councils was a moral necessity- the great distance between East and West, the difficulty of communication, the often keen opposition of the Orientals to Old Rome made a solemn promulgation of the definitions on the spot more than desirable. No aids to effectiveness were to be neglected in that centre of heresies.
These considerations further account for the great esteem in which conciliar definitions have always been held in the Church, and for the great authority they universally enjoyed without any detriment to, or diminution of, the authority of the Apostolic See. From of old it has been customary to place side by side, in the rule of faith, the authority of the councils and that of the popes as substantially the same. Thus, we read in the formula, or profession of faith imposed by Pope Hormisdas (514-23) on the Eastern bishops implicated in the schism of Acacius: " The first [step towards] salvation is to keep the rule of orthodox [rectae] faith and in no wise to deviate from the constitutions of the Fathers [i.e. councils]. But the words of Our Lord to St. Peter (Thou art Peter . . . ) cannot be passed over, for what He said has been verified by the events, since in the Apostolic See the Catholic religion has always been preserved without spot or stain. Wishing by no means to be separated from this hope and faith, and following the constitutions of the Fathers, we anathematize all heresies, especially the heretic Nestorius, in his time Bishop of Constantinople, who was condemned in the Council of Ephesus by Blessed Celestine, Pope of Rome, and by Cyril, Bishop of Alexandria . . . We declare and approve all the letters of Leo, Pope, which he wrote concerning the Christian religion, as we have stated before, following in all things the Apostolic See and professing [
X. SUBJECT MATTER OF INFALLIBILITY
The subject matter of infallibility, or supreme judicial authority, is found in the definitions and decrees of councils, and in them alone, to the exclusion of the theological, scientific, or historical reasons upon which they are built up. These represent too much of the human element, of transient mentalities, of personal interests to claim the promise of infallibility made to the Church as a whole; it is the sense of the unchanging Church that is infallible, not the sense of individual churchmen of any age or excellence, and that sense finds expression only in the conclusions of the council approved by the pope. Decisions referring to dogma were called in the East
In the West no careful distinction of terms was observed:
XI. PROMULGATION
Promulgation of conciliar decrees is necessary because they are laws, and no law is binding until it has been brought unmistakably to the knowledge of all it intends to bind. The decrees are usually promulgated in the name of the synod itself; in cases of the pope presiding in person they have also been published in the form of papal decrees with the formula:
XII. IS A COUNCIL ABOVE A POPE?
The Councils of Constance and of Basle affirmed with great emphasis that an Ecumenical council is superior in authority to the pope, and French theologians have adopted that proposition as one of the famous four Gallican Liberties. Other theologians affirmed, and still affirm, that the pope is above any general council. The leading exponents of the Gallican doctrine are: Dupin (1657-1719), professor at the Sorbonne in Paris ("Dissertatio de concilii generalis supra Romanum Pontificem auctoritate", in his book on the ancient discipline of the Church, "De antiquâ Ecclesiae disciplinâ dissertationes historicae"); and Natalis Alexander, 0. P. (1639-1724), in the ninth volume of his great "Historia Ecclesiastica" (Diss. iv ad saeculum XV). On the other side Lucius Ferraris (Bibliotheca Canonica, s. v. Concilium) and Roncaglia, editor and corrector of Natalis Alexander's history, stoutly defend the papal superiority. Hefele, after carefully weighing the main arguments of the Gallicans (viz. that Pope Martin V approved the declaration of the Council of Constance, and Pope Eugene IV the identical declaration of the Council of Basle, affirming the superiority of an Ecumenical synod over the pope), concluded that both popes, in the interests of peace, approved of the councils in general terms which might imply an approbation of the point in question, but that neither Martin nor Eugene ever intended to acknowledge the superiority of a council over the pope. (See Hefele, Conciliengeschichte, I, 50-54)
The principles hitherto set forth supply a complete solution to the controversy. General councils represent the Church; the pope therefore stands to them in the same relation as he stands to the Church. But that relation is one of neither superiority nor inferiority, but of intrinsic cohesion: the pope is neither above nor below the Church, but in it as the centre is in the circle, as intellect and will are in the soul. By taking our stand on the Scriptural doctrine that the Church is the mystical body of Christ of which the pope is the visible head, we see at once that a council apart from the pope is but a lifeless trunk, a "rump parliament", no matter how well attended it be.
XIII. CAN A COUNCIL, DEPOSE THE POPE?
This question is a legitimate one, for in the history of the Church circumstances have arisen in which several pretenders contended for papal authority and councils were called upon to remove certain claimants. The Councils of Constance and Basle, and Gallican theologians, hold that a council may depose a pope on two main grounds:
In point of fact, however, heresy is the only legitimate ground. For a heretical pope has ceased to be a member of the Church, and cannot, therefore, be its head. A sinful pope, on the other hand, remains a member of the (visible) Church and is to be treated as a sinful, unjust ruler for whom we must pray, but from whom we may not withdraw our obedience.
But the question assumes another aspect when a number of claimants pretend to be the rightful occupants of the Apostolic See, and the right of each is doubtful. In such a case the council, according to Bellarmine (Disputationes, II xix, de Conciliis) has a right to examine the several claims and to depose the pretenders whose claims are unfounded. This was done at the Synod of Constance. But during this process of examination the synod is not yet Ecumenical; it only becomes so the moment the rightful pope assents to its proceedings. It is evident that this is no instance of a legitimate pope being deposed by a legitimate council, but simply the removal of pretender by those on whom he wishes to impose will.
Not even John XXIII could have been deposed at Constance, had his election not been doubtful and himself suspected of heresy. John XXIII, moreover, abdicated and by his abdication made his removal from the Apostolic See lawful. In all controversies and complaints regarding Rome the rule laid down by the Eighth General Synod should never be lost sight of: " If a universal synod be assembled and any ambiguity or controversy arise concerning the Holy Church of the Romans, the question should be examined and solved with due reverence and veneration, in a spirit of mutual helpfulness; no sentence should be audaciously pronounced against the supreme pontiff of the elder Rome" (can. xxi. Hefele, IV, 421-22).
SCHEEBEN wrote copiously and learnedly in defence of the Vatican Council; his article in the
J. WILHELM
Transcribed by Gerard Haffner
Taken from the New Advent Web Page (www.knight.org/advent).
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